Ables

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID HAMILTON, No. 2:23-cv-01342 DJC SCR P Plaintiff, v. ORDER L. ABLES, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds pro se and seeks relief under 42 U.S.C. § 1983. Plaintiff’s motion for formal discovery (ECF No. 12) and notice of voluntary withdrawal and motion to stay (ECF No. 14) are before the court. For the reasons set forth below, the motions are denied and plaintiff must respond to this court order clarifying whether plaintiff seeks to dismiss this case. I. Background On January 28, 2023, plaintiff filed the operative complaint in the Amador Superior Court, alleging violations of his constitutional rights and state law negligence claims against four defendants. On July 10, 2023, defendants paid the filing fee and removed the action to this court. The court determined the complaint states a potentially cognizable excessive force claim against defendant Ables, and plaintiff…